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If it's not law, it's merely an opinion |
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Abstract:
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This paper considers the place of international human rights law within international law, having regard to sources of international law and the implementation of international law. It considers whether international human rights law fits the standard approach and whether law should be seen as a constraint on states - it does this having regard to international human rights law cases, the protection of minorities in international law and the protection of refugees in international law. It concludes by considering whether a state centric approach to international law is the most appropriate with respect to international human rights law. |
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right (99), law (99), state (89), intern (89), human (70), articl (43), court (32), unit (31), treati (29), group (26), individu (24), nation (23), legal (19), one (19), minor (19), v (18), shall (17), polit (17), use (17), parti (16), protect (16), |
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Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Gilbert, Geoff. "If it's not law, it's merely an opinion" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2011-06-09 <http://www.allacademic.com/meta/p212025_index.html> |
APA Citation:
| Gilbert, G. , 2007-08-30 "If it's not law, it's merely an opinion" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <PDF>. 2011-06-09 from http://www.allacademic.com/meta/p212025_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper considers the place of international human rights law within international law, having regard to sources of international law and the implementation of international law. It considers whether international human rights law fits the standard approach and whether law should be seen as a constraint on states - it does this having regard to international human rights law cases, the protection of minorities in international law and the protection of refugees in international law. It concludes by considering whether a state centric approach to international law is the most appropriate with respect to international human rights law. |
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| Document Type: |
PDF |
| Page count: |
10 |
| Word count: |
6220 |
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| IF IT’S NOT LAW IT’S MERELY AN OPINION (… although a judgment of the United Kingdom House of Lords is an Opinion) Geoff Gilbert Professor of Law University of Essex United Kingdom Prepared for delivery at the 2007 Annual Meeting of the American Political Science Association August 30th-September 2nd 2007. While people refer to international human rights law as an element in any interdisciplinary study of human rights it would be more accurate for the lawyer to speak of |
| human rights law should be premised on Eunomia rather than the Montevideo Convention. 40ETS 155. 41It is worth noting that the first three words of the United Nations Charter are “We the Peoples …” not We the States. 42The final qualification is tautologous a state is something that can enter into relations with other states. There are difficult cases usually involving very small states such as Liechtenstein or the Holy See. See Admission of Liechtenstein to the League of |
Similar Titles:
Protecting Individuals: The European Union at the United Nations in the Policy Area of International Human Security
The European Court of Human Rights, Domestic Politics and the Ties that Bind: Explaining Compliance with International Human Rights Tribunals
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